• PUALAW003B - Give evidence in a judicial or quasi-judicial setting

PUALAW003B
Give evidence in a judicial or quasi-judicial setting

This unit covers the competency to prepare evidence, present evidence and follow up on the outcomes of proceedings.

Application

This unit applies to workers who are called to present evidence as an expert witness in relation to specific incidents. This may include detailing incident events in relation to operational and organisational procedures. It does not apply to workers who have a specific and ongoing role in regards to the presentation of evidence.


Prerequisites

Not applicable.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare for proceedings

1.1 Arrangements, role and involvement in proceedings are confirmed.

1.2 Documentation and exhibits are prepared in accordance with legislative requirements and organisation's policies and procedures.

2. Present evidence

2.1 Proceedings and protocols relevant to the jurisdiction involved are adhered to throughout the proceedings.

2.2 Rules of evidence relevant to the jurisdiction are adhered to.

2.3 Evidence is presented in a clear, concise and articulate manner.

2.4 Considered expert evidence is provided on request in accordance with organisation's policy and consistent with qualifications and expertise.

3. Follow up outcomes of proceedings

3.1 The outcomes of the proceedings are noted and filed, and reports completed where required according to organisation requirements.

3.2 Any required actions are implemented in accordance with organisation policies and procedures.

Required Skills

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills

presenting evidence clearly and concisely

taking notes

word-processing

writing reports

Required Knowledge

appeals systems

exemptions and defences

general principles of criminal liability

legislative requirements of presenting evidence

organisation policies and procedures relating to preparation of documents and evidence and providing expert opinion

procedures and protocols in different judicial/quasi-judicial systems

role of legal personnel in judicial/quasi-judicial systems

types of evidence admissible in judicial/quasi-judicial systems

types of offences

use of notes in court/tribunal/commission

Evidence Required

Critical aspects for assessment and evidence required to demonstrate competency in this unit

All documentation and evidence at hand.

Accurate and articulate presentation of evidence.

Consistency in performance

Evidence should be gathered over a period of time in a range of actual or simulated workplace environments.

Context of and specific resources for assessment

Context of assessment

On the job or in a simulated environment. Written or verbal tests may be used as supporting evidence.

Specific resources for assessment

No special requirements.


Range Statement

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below.

Documentation and exhibits may include:

reports

photographs

items of evidence

media footage

reports of incidents

radio/telephone records

logs

Witnesses may include:

those directly involved

bystanders and experts

Court protocols:

voice clarity

language

impartiality

respect for people and offices held

standards of dress

forms of address

Organisation’s policy and procedures may vary between sectors and organisations and may include:

legislation relevant to the proceedings

legislation relevant to the organisation

operational performance standards

organisational personnel practices and guidelines

organisational quality standards

Proceeding may include:

rules of court

judicial and quasi judicial tribunals

Arrangements, role and involvement may include:

confirmation of time

date and location of proceedings

confirmation of evidence required to be presented


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.